Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1887-11-22
THE WHEELER CASE.

The Phoenix Bank Case Argued at
Hartford Yesterday-An Attempt TO
Show that Wheeler Had Been Carry
Ang On Business In Fraudulent
Manner-NO Decision.
Arguments in the case of E. s. Wheeler
were made before Judge Henney in the police
court at Hartford yesterday. He is tried on
charge of obtaining money on false pre-
lenses, the specific act being obtaining dis
count of note of the James L. Wicks CONS
pany of Baltimore. The prosecution at
tempts to show that he knew the concern
and his own to be practically insolvent. The
line of defense was that there was the same
ground that had existed for considerable
time to believe that current obligations
would be met, and with business going on
and perhaps improving there was no reason
to suppose that notes discounted at that time
would not be paid just as similar notes had
been for year or more.
Prosecuting Attorney Parker opened the
arguments in behalf of the State. He argued
that if the company that issued the note was
not good then certainly the note was not good.
Mr.. Parker referred to the fact that eight
notes aggregating 1924, 900, which had gone
to protest after having been discounted by
various banks, had been laid in as evidence
by the State. There can be no question that
the defendant in this case knew what the
representations made were and knew that
they were false. The letters of the Wicks
Co. to Wheeler and Mr.. Wheeler's letters to
the Wicks Co. show that he knew all about
the character of the business being done by
the Wicks Co. He is shown to be the holder
of 1874 of the !, 000sshares total capital stock
of the James L. Wicks Co. Mr.. Parker then
went on to lay stress on the fact that GER
-. - 81 j. E.,
Wheeler and sent to him pursuant to instruc-
tions received from him. 1t is to be inferred
from all circumstances surrounding the case
that Mr.. Wheeler knew about the affairs of
the Wicks Co. The intent to defraud is to
be inferred from the facts in the case. Many
of the considerations which go to show the
guilty knowledge also go to show the intent
to defraud.
The fact of Mr.. Wheeler's own insolvency
shown by the books and by the assignment in
insolvency is significant fact as showing
the intent The large balances against
him on the accounts Of Kroft,
Gross & Co., and f. G, Davenport, 90 to
show the guilty intent, as does also the fact
that these transactions were not confined to
the Weeks company. The evidence in the
case shows scheme to defraud. He had
carried along his business through a series of
years by obtaining notes, having them dis
counted, then paying them with other notes
similarly discounted when they became due.
1 This system OF scheme, or conspiracy being
| clearly shown by the evidence, other evil
dence tending to show similar false repre-
sensations may be received
In closing Mr. Parker said that all the ele-
/ ments in the case had been clearly proven.
l The representations were false and the de-
\ PENDANT knew them to be so, and made them
with the intent to defraud, and he should be
| bound over.
E. D. Robbins argued for Mr.. Wheelers
side. He dissected the evidence put it by the
State and claimed that the question of wheth-
l er the note was good business paper or not
4 was out of the case. Mr.. Robbins made the
point that if the note of James D. Weeks Co.,
| discounted just before the note in question
was discounted, was considered no false pre-
lenses could be proven upon it, and Wheeler
could not be convicted. And yet the condi-
4 lions attending the discounting of the note
| on which the complaint was brought were
precisely the same. The main argument for
the defense was made by G. e. Perkins, a
powerful talker. He claimed thatQhe court
must either acquit or convict; there
should be no binding over unless
| the crime was so heinous that the
| court could not intlict a sufficient
penalty. The testimony of Latane of Balti
more was wholly inadmissible. The general
| line of the defense was that at the time OF
4 the discounting of the Phoenix bank note
| there was the same ground that had existed
| for considerable time to believe that cur
rent obligations would be met, and that
with business going on, and perhaps improv-
ing, there was no reason to suppose that
notes discontinued at that time would not be
paid just as similar notes had been for a
year or more. G. ]. Cole closed for the
State. Judge Henney reserved his decision,
which will be announced Friday, December 2.